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CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS April 8, 2005 [Cite as 04/08/2005 Case Announcements, 2005-Ohio-1647.] MISCELLANEOUS ORDERS The Supreme Court of Ohio has issued orders imposing sanctions upon sixty-five attorneys and judges for noncompliance with the provisions of Gov.Bar R. X and Gov.Jud.R. IV. The text of the entry imposing the sanction is reproduced below. This is followed by a list of the attorneys and judges who were sanctioned. The list includes each attorney's or judge's Attorney Registration Number; the county and state of residence and the county and state of the attorney's or judge's employer, as last registered with the Attorney Registration Section; and the amount of the sanction fee imposed by the Supreme Court. In re Report of the Commission On Continuing Legal Education. O R D E R [Attorney Name] [Filed April 8, 2005] (#[Attorney Registration Number]), Respondent. This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education (the "commission") pursuant to Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the imposition of sanctions against certain attorneys and judges, including the above- named respondent, for failure to comply with the applicable continuing legal education provisions of Gov.Bar R. X and Gov.Jud.R. IV for the 2002-2003 reporting period. The commission's report recommended imposition of a sanction against the respondent in the total amount of [sanction amount] for noncompliance in the 2002-2003 reporting period. Furthermore, the commission's report recommended that the respondent be suspended from the practice of law pursuant to Gov.Bar R. X(5)(A)(4) for violation of Gov.Bar R. X for the third consecutive reporting period, and for continuous and ongoing noncompliance with Gov.Bar R. X during the last three reporting periods. On November 22, 2004, this court issued to the respondent an order to show cause why the commission's recommendation should not be adopted and an order so entered against the respondent. Respondent filed no objections to the commission's recommendation and this cause was considered by the court. Upon consideration thereof, IT IS ORDERED by the court that the recommendation of the commission is adopted and respondent, [Attorney Name], is immediately suspended from the practice of law pursuant to Gov.Bar R. X(6)(B)(3) and Gov.Bar R. X(5)(A)(4), until respondent is reinstated by order of this court pursuant to Gov.Bar R. X(7). IT IS FURTHER ORDERED that, within 30 days of the date of this order, respondent shall pay to the Commission on Continuing Legal Education, by certified check or money order, a sanction fee which is hereby imposed in the total amount of [Sanction Amount]. IT IS FURTHER ORDERED that, payment of the sanction fee notwithstanding, respondent shall comply with the requirements imposed by Gov.Bar R. X for the 2002-2003 reporting period. See CLE Reg. 503.4. IT IS FURTHER ORDERED that respondent immediately cease and desist from the practice of law in any form and is hereby forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency or other public authority. IT IS FURTHER ORDERED that respondent is hereby forbidden to counsel or advise or prepare legal documents for others or in any manner perform such services. IT IS FURTHER ORDERED that respondent is hereby divested of each, any and all of the rights, privileges and prerogatives customarily accorded to a member in good standing of the legal profession of Ohio. IT IS FURTHER ORDERED that respondent surrender forthwith respondent's attorney registration card to the Clerk of this court on or before 30 days from the date of this order, and that respondent's name be stricken from the roll of attorneys maintained by this court. IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(3)(G), respondent shall complete one credit hour of continuing legal education for each month, or portion of a month, of the suspension. As part of the total credit hours of continuing legal education required by Gov.Bar R. X(3)(G), respondent shall complete one credit hour of instruction related to professional conduct required by 2 04-08-05 Gov.Bar R. X(3)(A)(1), for each six months, or portion of six months, of the suspension. IT IS FURTHER ORDERED that respondent shall not be reinstated to the practice of law in Ohio until (1) respondent complies with the requirements for reinstatement set forth in Gov.Bar R. X(7); (2) respondent complies with the Supreme Court Rules for the Government of the Bar of Ohio; (3) respondent complies with this and all other orders of the court; and (4) this court orders respondent reinstated. IT IS FURTHER ORDERED that, within 30 days of the date of this order, respondent shall: 1. Notify all clients being represented in pending matters and any co- counsel of respondent's suspension and consequent disqualification to act as an attorney after the effective date of this order and, in the absence of co-counsel, also notify the clients to seek legal service elsewhere, calling attention to any urgency in seeking the substitution of another attorney in respondent's place; 2. Regardless of any fees or expenses due respondent, deliver to all clients being represented in pending matters any papers or other property pertaining to the client, or notify the clients or co-counsel, if any, of a suitable time and place where the papers or other property may be obtained, calling attention to any urgency for obtaining such papers or other property; 3. Refund any part of any fees or expenses paid in advance that are unearned or not paid, and account for any trust money or property in the possession or control of respondent; 4. Notify opposing counsel in pending litigation or, in the absence of counsel, the adverse parties, of respondent's disqualification after the effective date of this order, and file a notice of disqualification of respondent with the court or agency before which the litigation is pending for inclusion in the respective file or files; 5. Send all notices required by this order by certified mail with a return address where communications may thereafter be directed to respondent; 6. File with the Clerk of this court and the Disciplinary Counsel of the Supreme Court an affidavit showing compliance with this order, showing proof of service of notices required herein, and setting forth the address where the affiant may receive communications; and 7. Retain and maintain a record of the various steps taken by respondent pursuant to this order. 3 04-08-05 IT IS FURTHER ORDERED that respondent shall keep the Clerk of this court and the Disciplinary Counsel advised of any change of address where respondent may receive communications. IT IS FURTHER ORDERED, sua sponte, that all documents filed with this court in this case shall meet the filing requirements set forth in the Rules of Practice of the Supreme Court of Ohio, including requirements as to form, number, and timeliness of filings. IT IS FURTHER ORDERED by the Court that the Clerk shall send this order by certified mail to the respondent at the address registered with the Attorney Registration Section under Gov.Bar R. VI; that, if this order is returned as undeliverable or unclaimed, the Clerk shall resend it by regular mail; and that service of this order in accordance with the foregoing shall be deemed effective service. IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(6)(H), the Clerk of this court send certified copies of this order to those persons or organizations named in Gov.Bar R. V(8)(D)(1), and that publication be made as required under Gov.Bar R. X(6)(H). Residence Employer Sanction Attorney Name Registration # County State County State Amount Donald Lynn Groninger 0005036 TX TX $750.00 Joseph Jeffrey Church 0006961 Cuyahoga OH Cuyahoga OH $440.00 Timothy Voorhees Dix 0010300 CO CO $750.00 Thomas Edward Fox, Jr. 0011895 Warren OH Warren OH $660.00 Elliott Roy Eisner 0021712 NV NV $750.00 Kenneth David Homer 0030870 Richland OH Richland OH $750.00 Carl Allen Genberg 0031141 IL IL $750.00 Daniel O'Connell Corrigan 0031432 Cuyahoga OH $350.00 Peter Rodney Badger 0031605 VA MD $750.00 Dale Anthony Brinker 0037325 KY KY $390.00 Jeffrey Alan Ayres 0037961 Franklin OH Franklin OH $600.00 Katherine Cobb Jones 0039659 IN IN $750.00 George Edward Darmstatter, Jr. 0039977 GA GA $750.00 Ruth Elizabeth Beshears 0052402 Franklin OH Franklin OH $600.00 James Edward Baldwin 0059294 Warren OH Warren OH $150.00 Joanne L. Barach 0059697 Portage OH Portage OH $750.00 Thomas Grist 0062185 Portage OH Summit OH $750.00 Bruce Elliott Hodge 0065460 Cuyahoga OH Cuyahoga OH $750.00 Carl James Gedeon 0065645 NY $750.00 Theodore Alexander Amata 0065658 Cuyahoga OH Cuyahoga OH $270.00 Shelly L. McGee 0066931 VA DC $350.00 Clement Leo Bezold, Jr. 0067525 KY KY $55.00 Cynthia Louise Janeway 0068617 TX TX $750.00 Paula Jean Chmura 0070175 Erie OH Erie OH $750.00 Andrew David Bowers 0071486 Franklin OH Franklin OH $240.00 In re Report of the Commission on Continuing Legal Education. O R D E R 4 04-08-05 [Attorney Name] [Filed April 8, 2005] (#[Attorney Registration Number]), Respondent. This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education (the "commission") pursuant to Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the imposition of sanctions against certain attorneys and judges, including the above- named respondent, for failure to comply with the applicable continuing legal education provisions of Gov.Bar R. X and Gov.Jud.R. IV for the 2002-2003 reporting period. The commission's report recommended imposition of a sanction against the respondent in the total amount of [Sanction Amount] for noncompliance in the 2002-2003 reporting period. Furthermore, the commission's report recommended that the respondent be suspended from the practice of law pursuant to Gov.Bar R. X(5)(A)(4) for failure to pay a previous court ordered sanction for noncompliance in a previous reporting period in addition to noncompliance in the 2002-2003 reporting period. On November 22, 2004, this court issued to the respondent an order to show cause why the commission's recommendation should not be adopted and an order so entered against the respondent. Respondent filed no objections to the commission's recommendation and this cause was considered by the court. Upon consideration thereof, IT IS ORDERED by the court that the recommendation of the commission is adopted and respondent, [Attorney Name], is immediately suspended from the practice of law pursuant to Gov.Bar R. X(6)(B)(3) and Gov.Bar R. X(5)(A)(4), until respondent is reinstated by order of this court pursuant to Gov.Bar R. X(7). IT IS FURTHER ORDERED that, within 30 days of the date of this order, respondent shall pay to the Commission on Continuing Legal Education, by certified check or money order, a sanction fee which is hereby imposed in the total amount of [Sanction Amount]. IT IS FURTHER ORDERED that, payment of the sanction fee notwithstanding, respondent shall comply with the requirements imposed by Gov.Bar R. X for the 2002-2003 reporting period. See CLE Reg. 503.4. IT IS FURTHER ORDERED that respondent immediately cease and desist from the practice of law in any form and is hereby forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency or other public authority. IT IS FURTHER ORDERED that respondent is hereby forbidden to counsel or advise or prepare legal documents for others or in any manner perform such services. 5 04-08-05 IT IS FURTHER ORDERED that respondent is hereby divested of each, any and all of the rights, privileges and prerogatives customarily accorded to a member in good standing of the legal profession of Ohio. IT IS FURTHER ORDERED that respondent surrender forthwith respondent's attorney registration card to the Clerk of this court on or before 30 days from the date of this order and that respondent's name be stricken from the roll of attorneys maintained by this court. IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(3)(G), respondent shall complete one credit hour of continuing legal education for each month, or portion of a month, of the suspension. As part of the total credit hours of continuing legal education required by Gov.Bar R. X(3)(G), respondent shall complete one credit hour of instruction related to professional conduct required by Gov.Bar R. X(3)(A)(1), for each six months, or portion of six months, of the suspension. IT IS FURTHER ORDERED that respondent shall not be reinstated to the practice of law in Ohio until (1) respondent complies with the requirements for reinstatement set forth in Gov.Bar R. X(7); (2) respondent complies with the Supreme Court Rules for the Government of the Bar of Ohio; (3) respondent complies with this and all other orders of the court; and (4) this court orders respondent reinstated. IT IS FURTHER ORDERED that, within 30 days of the date of this order, respondent shall: 1. Notify all clients being represented in pending matters and any co- counsel of respondent's suspension and consequent disqualification to act as an attorney after the effective date of this order and, in the absence of co- counsel, also notify the clients to seek legal service elsewhere, calling attention to any urgency in seeking the substitution of another attorney in respondent's place; 2. Regardless of any fees or expenses due respondent, deliver to all clients being represented in pending matters any papers or other property pertaining to the client, or notify the clients or co-counsel, if any, of a suitable time and place where the papers or other property may be obtained, calling attention to any urgency for obtaining such papers or other property; 3. Refund any part of any fees or expenses paid in advance that are unearned or not paid, and account for any trust money or property in the possession or control of respondent; 4. Notify opposing counsel in pending litigation or, in the absence of counsel, the adverse parties, of respondent's disqualification after the effective date of this order, and file a notice of disqualification of respondent 6 04-08-05 with the court or agency before which the litigation is pending for inclusion in the respective file or files; 5. Send all notices required by this order by certified mail with a return address where communications may thereafter be directed to respondent; 6. File with the Clerk of this court and the Disciplinary Counsel of the Supreme Court an affidavit showing compliance with this order, showing proof of service of notices required herein, and setting forth the address where the affiant may receive communications; and 7. Retain and maintain a record of the various steps taken by respondent pursuant to this order. IT IS FURTHER ORDERED that respondent shall keep the Clerk of this court and the Disciplinary Counsel advised of any change of address where respondent may receive communications. IT IS FURTHER ORDERED, sua sponte, that all documents filed with this court in this case shall meet the filing requirements set forth in the Rules of Practice of the Supreme Court of Ohio, including requirements as to form, number, and timeliness of filings. IT IS FURTHER ORDERED by the Court that the Clerk shall send this order by certified mail to the respondent at the address registered with the Attorney Registration Section under Gov.Bar R. VI; that, if this order is returned as undeliverable or unclaimed, the Clerk shall resend it by regular mail; and that service of this order in accordance with the foregoing shall be deemed effective service. IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(6)(H), the Clerk of this court send certified copies of this order to those persons or organizations named in Gov.Bar R. V(8)(D)(1), and that publication be made as required under Gov.Bar R. X(6)(H). Residence Employer Sanction Attorney Name Registration # County State County State Amount Richard Roman Huber 0000087 Erie OH Erie OH $750.00 S. Martin Kirsh 0007868 Cuyahoga OH Cuyahoga OH $750.00 Charles Paul Braman 0008422 Cuyahoga OH Cuyahoga OH $750.00 Patricia Christine Leonard 0009235 IN $750.00 Thomas Donaldson Johnston 0012729 Stark OH Stark OH $440.00 Matthew Gordon Harris 0019206 Lorain OH Lorain OH $750.00 Charles Clark Griesinger 0020109 Medina OH Medina OH $750.00 Harris Taylor Booker, Jr. 0021603 PA PA $750.00 Gilbert Joseph Gradisar 0021782 Franklin OH Franklin OH $750.00 Drew Stewart Diehl 0024802 Hamilton OH Hamilton OH $750.00 Robert Charles Lauber 0025035 Fulton OH Fulton OH $750.00 Harald Franklin Craig, III 0027586 Franklin OH Franklin OH $750.00 Leslie Gilman Johnson 0031886 Hocking OH Hocking OH $750.00 Louis Carl Fontana 0034674 Hamilton OH Hamilton OH $750.00 Ivan Gerald Haggins 0036839 Cuyahoga OH Cuyahoga OH $850.00 Dane Arlen Bonecutter 0037237 SC Richland OH $750.00 7 04-08-05 Stephen Patrick Deffet 0039384 Franklin OH Franklin OH $750.00 Sean Paul Finneran 0039673 Franklin OH Franklin OH $150.00 John Douglas Karlovec 0039968 Cuyahoga OH Cuyahoga OH $650.00 Margaret Golden Bell 0040179 AZ AZ $750.00 William G. Krupar 0040201 MI MI $750.00 Ronald Dennis James 0041120 Cuyahoga OH Cuyahoga OH $750.00 Joseph Paul Albright, Jr. 0043596 WV WV $610.00 Julia Suzanne Kennedy 0046712 IN IN $750.00 Shelly Baber Jones 0047587 Hamilton OH Hamilton OH $750.00 Frankie Donnell Hoskey 0048213 VA DC $750.00 James Keith Butler 0059037 OK OK $750.00 Candie Lynn Cornett 0059489 Butler OH Butler OH $750.00 Cynthia June Harris 0059755 Franklin OH Franklin OH $680.00 Kathleen S. Pfeifer 0064504 Franklin OH Franklin OH $750.00 Sheila Ann Haas 0064540 KY $750.00 John Howard Fenton 0064622 Hamilton OH Hamilton OH $360.00 Daniel Patrick Hercl 0068377 FL Franklin OH $750.00 Timothy Michael Kennedy 0068813 Cuyahoga OH Cuyahoga OH $750.00 Marc Alexander Lehotsky 0068814 Cuyahoga OH Cuyahoga OH $750.00 Jeffrey C. Seaman 0069265 KY Hamilton OH $540.00 Gregory Rodwell Hulse 0070461 MN $750.00 Andrew Todd Leslie 0071755 Franklin OH $750.00 Joshua Dov Goldberg 0071781 Hamilton OH Hamilton OH $750.00 In re Report of the Commission on Continuing Legal Education. O R D E R [Attorney Name] [Filed April 8, 2005] (#[Attorney Registration Number]) Respondent. This matter originated in this court on the filing of a report by the Commission on Continuing Legal Education (the "commission") pursuant to Gov.Bar R. X(6)(A)(1)(b) and (A)(2)(d). The commission recommended the imposition of sanctions against certain attorneys and judges, including the above- named respondent, for failure to comply with the applicable continuing legal education provisions of Gov.Bar R. X and Gov.Jud.R. IV for the 2002-2003 reporting period. The commission's report recommended imposition of a suspension from the practice of law pursuant to Gov.Bar R. X(5)(B), for failure to complete a New Lawyer Training Program as required by Gov.Bar R. X(3)(H), in the 2002-2003 reporting period. On November 22, 2004, this court issued to the respondent an order to show cause why the commission's recommendation should not be adopted and an order so entered against the respondent. Respondent filed no objections to 8 04-08-05 the commission's recommendation and this cause was considered by the court. Upon consideration thereof, IT IS ORDERED by the court that the recommendation of the commission is adopted and respondent, [Attorney Name], is immediately suspended from the practice of law pursuant Gov.Bar R. X(5)(B) until respondent is reinstated by order of this Court pursuant to Gov.Bar R. X(7). IT IS FURTHER ORDERED that respondent shall comply with the requirements imposed by Gov.Bar R. X for the 2002-2003 reporting period. See CLE Reg. 503.4. IT IS FURTHER ORDERED that respondent immediately cease and desist from the practice of law in any form and is hereby forbidden to appear on behalf of another before any court, judge, commission, board, administrative agency or other public authority. IT IS FURTHER ORDERED that respondent is hereby forbidden to counsel or advise or prepare legal documents for others or in any manner perform such services. IT IS FURTHER ORDERED that respondent is hereby divested of each, any and all of the rights, privileges and prerogatives customarily accorded to a member in good standing of the legal profession of Ohio. IT IS FURTHER ORDERED that respondent surrender forthwith respondent's attorney registration card to the Clerk of this court on or before 30 days from the date of this order, and that respondent's name be stricken from the roll of attorneys maintained by this court. IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(3)(G), respondent shall complete one credit hour of continuing legal education for each month, or portion of a month, of the suspension. As part of the total credit hours of continuing legal education required by Gov.Bar R. X(3)(G), respondent shall complete one credit hour of instruction related to professional conduct required by Gov.Bar R. X(3)(A)(1), for each six months, or portion of six months, of the suspension. IT IS FURTHER ORDERED that respondent shall not be reinstated to the practice of law in Ohio until (1) respondent complies with the requirements for reinstatement set forth in Gov.Bar R. X(7); (2) respondent complies with the Supreme Court Rules for the Government of the Bar of Ohio; (3) respondent complies with this and all other orders of the court; and (4) this court orders respondent reinstated. IT IS FURTHER ORDERED that, within 30 days of the date of this order, respondent shall: 1. Notify all clients being represented in pending matters and any co- counsel of respondent's suspension and consequent disqualification to act as 9 04-08-05 an attorney after the effective date of this order and, in the absence of co- counsel, also notify the clients to seek legal service elsewhere, calling attention to any urgency in seeking the substitution of another attorney in respondent's place; 2. Regardless of any fees or expenses due respondent, deliver to all clients being represented in pending matters any papers or other property pertaining to the client, or notify the clients or co-counsel, if any, of a suitable time and place where the papers or other property may be obtained, calling attention to any urgency for obtaining such papers or other property; 3. Refund any part of any fees or expenses paid in advance that are unearned or not paid, and account for any trust money or property in the possession or control of respondent; 4. Notify opposing counsel in pending litigation or, in the absence of counsel, the adverse parties, of respondent's disqualification after the effective date of this order, and file a notice of disqualification of respondent with the court or agency before which the litigation is pending for inclusion in the respective file or files; 5. Send all notices required by this order by certified mail with a return address where communications may thereafter be directed to respondent; 6. File with the Clerk of this court and the Disciplinary Counsel of the Supreme Court an affidavit showing compliance with this order, showing proof of service of notices required herein, and setting forth the address where the affiant may receive communications; and 7. Retain and maintain a record of the various steps taken by respondent pursuant to this order. IT IS FURTHER ORDERED that respondent shall keep the Clerk of this court and the Disciplinary Counsel advised of any change of address where respondent may receive communications. IT IS FURTHER ORDERED, sua sponte, that all documents filed with this court in this case shall meet the filing requirements set forth in the Rules of Practice of the Supreme Court of Ohio, including requirements as to form, number, and timeliness of filings. IT IS FURTHER ORDERED by the court that the Clerk shall send this order by certified mail to the address registered with the Attorney Registration Section under Gov.Bar R. VI; that, if this order is returned as undeliverable or unclaimed, the Clerk shall resend it by regular mail; and that service of this order in accordance with the foregoing shall be deemed effective service. IT IS FURTHER ORDERED that, pursuant to Gov.Bar R. X(6)(H), the Clerk of this court send certified copies of this order to those persons or 10 04-08-05 organizations named in Gov.Bar R. V(8)(D)(1), and that publication be made as required under Gov.Bar R. X(6)(H). Residence Employer Sanction Attorney Name Registration # County State County State Amount Brian Patricc Higgins 0075652 Cuyahoga OH Cuyahoga OH $0.00 MEDIATION REFERRALS The following case has been returned to the regular docket pursuant to S.Ct.Prac.R. XIV(6)(E): 2005-0068. State ex rel. Cincinnati Enquirer v. Adcock. Hamilton App. No. C-040064, 2004-Ohio-7130. 11 04-08-05 |
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